Regulation 61-107.19 Solid Waste Management: Solid Waste Landfills and Structural Fill became effective on May 23, 2008.

The regulation addresses all solid waste landfills and structural fill activity in the State and repeals four existing regulations (R. 61-107.11, R. 61-107.13, R. 61-107.16, and R. 61-107.258) governing these landfills. The new regulation improves solid waste management in four key ways:

1. Directs disposal based on characteristics of waste instead of source of generation;
2. Provides better protection of the environment and public health;
3. Facilitates public notification and input for permits; and
4. Requires registration of all structural fill activities.

Landfill Classifications Changes

Structural Fills

Under the regulation, structural fill activities that use a limited, inert waste stream consisting of hardened concrete (may include rebar), clean hardened asphalt, bricks or masonry blocks, and/or land-clearing debris must be registered by the Department.

For more information on structural fill requirements, see Structural Fills. View Regulation 61-107.19 (pdf)

Class 1 Landfill

Regulation 61-107.19 Part III contains the requirements for Class 1 Landfills. This section of the regulation addresses the general permit, general provision that are specific to Claas 1 landfills, notice of intent procedures, and record keeping and reporting requirements.

Key Points on Class 1 Landfills

• Operates under a general permit for disposal of land-clearing debris
• Requires publication of a Notice of Intent in local paper and notification to the Department before operations can begin
• Limits fill of low area to grade
• Allows permitted mining sites to become acceptable locations for a Class 1 Landfill
• Requires the retention of landfill records for three years

Guidance Documents:

• Class 1 Landfill Operating Criteria (pdf)
• Extract of SCDHEC Letter to Class One Landfills (pdf)

Class 2 Landfill

Regulation 61-107.19 Part IV establishes criteria for Class 2 Landfills. These landfills may accept solid wastes for disposal that are listed in Appendix I of the regulation; solid wastes that are not on the Appendix I list but have similar properties and are approved by the Department for the facility; and/or solid wastes that test, through waste characterization, at less than ten (10) times the maximum contamination limit (MCL) per Regulation 61-58, State Drinking Water Regulation and approved by the Department for disposal at the facility.

Key Points on Class 2 Landfills

• Limits waste streams to Appendix I items without waste characterization
• Waste that is characterized as less than 10 times the MCL and approved by the Department may be added to the permit for acceptance/disposal.
• Operational Criteria:
• Unauthorized waste may be stored at the facility for 30 days, except that putrescible waste must be removed within 72 hours.
• States that an annual survey to determine landfill capacity used and the remaining permitted capacity may be required on a case-by-case basis
• Requires scales -- exempts scales for facilities with less than 10,000 tons per year and on-site landfills
• Design Criteria:
  • Requires the settlement calculations on the bottom elevation
  • Requires DHEC to inspect the landfill prior to waste placement
  • Requires airport buffer for landfills accepting dead animals
  • Sets cap requirements at 2 feet of soil
• Buffers are established when "Notice of Intent to File a Permit Application" is published
• Requires groundwater monitoring and corrective action
• Sets post-closure (20 years)
• Requires closure and post-closure financial assurance

 Guidance Documents:

• Class Two Landfill Operating Criteria (pdf)
• Class Two Landfill Groundwater Monitoring Workplan Development Guidelines (pdf)
• Appendix I Listed Acceptable Wastes (pdf)
• Appendix II Listed Unacceptable Wastes (pdf)
• Waste Characterization Guidelines (pdf)
• Extract of SCDHEC Letter to Class Two Landfills (pdf)

Class 3 Landfill

Regulation 61-107.19, Part V contains criteria for landfills that accept municipal solid waste, industrial solid waste, sewage sludge, nonhazardous municipal solid waste incinerator ash and other nonhazardous waste. Hereinafter, these landfills will be referred to as Class 3 landfills. Class 3 landfills shall adhere to their approved Special Waste Analysis and Implementation Plan (SWAIP), per S.C. Code Section 44-96-390.

Key Points on Class 3 Landfills

• Requires waste characterization through the Special Waste Analysis and Implementation Plan
• New requirement to inspect 10 percent of incoming loads
• Landfills that were permitted as ISW Class II Landfills prior to the effective date of this regulation are exempt from design criteria provided the waste streams remain below 30 times the MCLs
• Leachate recirculation allowed under permit modification
• Buffers Established when 'Notice of Intent to File a Permit Application' Published
• Notification required within 72 hours of receipt of Hazardous or PCB wastes
• Monofills that accept coal combustion byproducts testing > 10 x MCL can be constructed with a clay liner system
• Minimum factor safety against failure based on soil type
• Certification testing of cap to include:
  • 1 Permeability Test/Acre
  • 4 Density/Thickness Tests/Acre

Guidance Documents:

• Special Waste Analysis & Implementation Plan (pdf)
• Extract of SCDHEC Letter to Class Three Landfills (pdf)

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Structural Fills

Regulation 61-107.19, Part II contains the legal requirements for structural fills. This section of the regulation addresses the general provisions that are specific to these activities and provides permit-by-rule registration, location, design, operational and closure requirements.

Structural Fills as Defined in the Regulation

" Structural fill " means land filling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department by regulation, compacted and landfilled in a manner acceptable to the department, consistent with applicable engineering, and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been contaminated by hazardous constituents, petroleum products, or painted with lead-based paint. Structural fill may not provide a sound structural base for building purposes.

" Beneficial fill " means filling to surrounding grade, low areas or depressions in the surface of the earth to include permitted mining sites for an aesthetic benefit.

Key Points on Structural Fills

• Must be registered with DHEC under Permit-by-rule
  • DHEC approval required to operate
  • Consistency with local zoning and SC Coastal Zone Management Plan required
• Limits activity to 12-months or less
• Limits size to 1 acre or less
• Limits waste streams (the materials utilized must not have been contaminated by hazardous constituents, petroleum products, or painted with lead-based paint):
  • Hardened concrete (may include rebar)
  • Hardened asphalted concrete
  • Bricks
  • Masonry Blocks
  • Land-clearing Debris
• Defines operational requirements:
  • Attendant on-site when operating;
  • Removal of unauthorized wastes within 48-hours;
  • Marking of fill area with stakes until site closed;
  • Unloading of materials in the fill area;
  • Slopes shall not exceed a 33 percent;
  • Monthly cover with 6-inches of soil;
  • No open burning at the fill area;
  • Control of odors, dust, litter, fire hazards and vectors
  • Operated in a manner to protect water quality standards of surface and groundwaters.
• Sets closure requirement to include recording of the structural fill area on the Deed or Register
• Exempts SCDOT right-of-way structural fill sites that are directly related to road construction

 More Information on Structural Fills:

• Technical Assistance Structural Fill Sites (pdf)
• Application of Registration for Structural Fill (pdf)
• Regulation 61-107.19 (pdf)